UK/Scottish/Welsh Law/Scottish law clarification
Hi I am writing a book set in a Scottish fictional town in the early 80ís. In the story a mother deliberately uses their family dog to attack her 12 year old daughter then calmly walks away allowing the dog to do its worst. The daughter is badly injured but survives. The motherís intent is At the very least she wants to cause serious injury. What crime does this fall into under Scottish law and what would the scale of her sentence be. I would appreciate any help you could be give me
Sorry for the delay in answering your question.
The legislation regarding the control of dogs/dangerous dogs used to be somewhat imperfect. Also, a previous restriction to public places was never understood by members of the public - or the media!
Section 49(1) of the Civic Government (Scotland) Act 1982 makes it an offence for any person to allow any creature, including a dog, to cause injury or danger to any other person who is in a public place or to give that person reasonable cause for alarm or annoyance.
Section 10 of the Control of Dogs (Scotland) Act 2010 amends the Dangerous Dogs Act 1991 by extending the offence contained in section 3 of the 1991 Act so that it becomes a criminal offence to allow any dog to be dangerously out of control in any place (rather than only in a public place or in a private place where it has no right to be). However, with the exception of this amendment police and local authority powers and responsibilities conferred under the terms of the 1991 Act remain the same.
However, the circumstances you describe would, I think, be more likely to be dealt with under reckless conduct.
Culpable and Reckless Conduct is a Common Law crime under Scots Law. It deals with acts involving a criminal degree of recklessness which cause injury to other persons or create a risk of such injury. It carries a maximum punishment of life imprisonment.
For the purposes of criminal liability ⎯
(a) something is caused recklessly if the person causing the result is, or ought to be, aware of an obvious and serious risk that acting will bring about the result but nonetheless acts where no reasonable person would do so;
(b) a person is reckless as to a circumstance, or as to a possible result of an act, if the person is, or ought to be, aware of an obvious and serious risk that the circumstance exists, or that the result will follow, but nonetheless acts where no reasonable person would do so;
(c) a person acts recklessly if the person is, or ought to be, aware of an obvious and serious risk of dangers or of possible harmful results in so acting but nonetheless acts where no reasonable person would do so.
Hope this helps!